Council rejects attempt to save Zoomars' dinosaur statue

Reinier Vantonder, from San Diego, feeds a carrot to a zedonk, a cross between a donkey and a zebra during a visit to Zoomars Petting Zoo in June 2012. In the background is the 13-foot-tall disputed dinosaur. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER

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Jerry Nieblas, president of the Capistrano Historical Alliance Committee, and Carolyn Franks, owner of Zoomars, exchange kind words and hug after a nearly year-long battle that pitted the two against each other. JOSH FRANCIS, FOR THE REGISTER

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The more than 65 Zoomars supporters that showed up on Tuesday night wore stickers that read "Stay" with an apatosaurus on them to show support for the petting zoo's dinosaur. JOSH FRANCIS, FOR THE REGISTER

A large dinosaur statue that's led to divisive debate in San Juan Capistrano has got to go.

The City Council on Tuesday turned down an attempt by Carolyn Franks, owner of the Zoomars Petting Zoo, to appeal the city Planning Commission's rejection of the replica apatosaurus. The City Council's vote was 2 to 2. Franks said she was stunned by the decision and wasn't ready to say how she'll move forward, including whether she'll remove the statue or keep fighting.

But Jerry Nieblas, the Capistrano Historical Alliance Committee president who led the move against the statue, said he hopes Franks will move on. Nieblas and Franks hugged after the meeting, which included public testimony from about 30 people, about two-thirds of whom supported the dinosaur.

"It's a huge disappointment. I wasn't expecting it, so I really don't know what to say," Franks said after the meeting. "I feel like I let the kids down."

The council unanimously voted to allow Franks to add shade structures, a fossil sandbox and dig area and other amenities to the zoo, located at 31791 Los Rios St. Councilman Larry Kramer proposed allowing Franks to keep the statue for two years and then remove it, saying it could help business and tourism in town and combat negative effects of the Ortega Highway construction while allowing Franks to recoup the money she's spent buying and defending the statue.

Byrnes said he's concerned about what he sees as Zoomars' "incremental transformation" from a home petting zoo to an amusement park.

Nearly 100 people packed City Council Chambers Tuesday evening at the meeting, which lasted until after 11 p.m. Supporters wore stickers touting their support for the statue. Some wore also wore T-shirts with a depiction of the statue and the phrase SZD4213, short for Save Zoomars' dinosaur on April 2, 2013.

Franks bought the statue for $12,000 at an auction and installed it on her property in June.

Lorie Porter, a member of the Cultural Heritage Commission, which recommended approval of the statue on a 2-1 vote in November, said she realizes people love the dinosaur.

"But I am a historian, and I love this town more than anything," Porter said. "I wish we could have it both ways, but we can't. To me, it doesn't fit at all."

Porter, a 46-year resident, emphasized that Franks did not follow city procedures, "which I don't like."

"Does it have anything to do with our local history? No. We did not have dinosaurs in this area," Porter said.

Nancy Ingham, who was Miss Fiesta last year and lives in Capistrano Beach, urged the council to support the statue.

"In a lifetime, you'll never know everything about San Juan. There's so much history here," Ingham said. "I can't believe this dinosaur is taking anything away from that. It's only enhancing."

Robert Williams, chairman of the Planning Commission, voted against the statue in January, and on Tuesday he urged the City Council to do the same. He said he first questioned why the statue was so controversial, but he after he visited it in person and studied his duties as a commissioner, he concluded the dinosaur simply doesn't fit with the city's history.

Resident Dave Scribner questioned why the statue was even an issue. He said the statue is popular.

"It's one of the most popular things I've ever encountered in this town," Scribner said. "It brings people in, for you to deny someone the ability to grow their business and bring more tourists into this town, which we need more than anything. I just can't believe we have people who are even talking about taking it away."

Another voice in opposition came from Stephen Rios, a member of the prominent Rios family for which the Los Rios District is named. Rios said he considers Franks a friend but said the petting zoo has become a theme park with aspirations that just don't fit the area. He said the petting zoo boasts up to 10,000 visitors monthly and hosts a variety of parties and other events.

Rios asked the council to protect the district and said he hopes to preserve the quiet nature for his children and grandchildren to enjoy.

Jan Siegel, a Cultural Heritage Commission member, questioned what would happen if the 11th generation of the Rios family didn't live in its historic home. If more families move, the neighborhood would lose its designation as a historic residential area. She reminded the council that the city incorporated 52 years ago because residents feared San Clemente would annex the area and destroy the town's history.

"It would be a shame if after 52 years of incorporation, we destroy our town ourselves," Siegel said.

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